BILL NUMBER: AB 977	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Harkey

                        FEBRUARY 18, 2011

    An act to amend Section 11910 of the Water Code, relating
to water.   An act to add Section 71.3 to the Harbors
and Navigation Code, relating to harbors and ports. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 977, as amended, Harkey.  Water.   Harbors
and ports: loans: OC Dana Point Harbor.  
   Existing law authorizes the Department of Boating and Waterways,
subject to the approval of the Legislature, to make loans to
qualified cities, counties, or districts having the power to acquire,
construct, and operate small craft harbors, for the design,
planning, acquisition, construction, improvement, maintenance, or
operation of small craft harbors and facilities in connection with
the harbors, and connecting waterways, if the department finds that
the project is feasible.  
   This bill would require the department to extend until June 30,
2016, all phases of certain loan contracts between the department and
the County of Orange, OC Dana Point Harbor.  
   Existing law requires there to be incorporated in the planning and
construction of any physical structure to provide for the
conservation, storage, regulation, transportation, or use of water,
constructed by the state itself or by the state in cooperation with
the United States, features, including, additional storage capacity,
that the Department of Water Resources determines necessary or
desirable for the preservation of fish and wildlife, and necessary or
desirable to permit, on a year-round basis, full utilization of the
project for the enhancement of fish and wildlife and for recreational
purposes to the extent that those features are consistent with other
uses of the project, if any. In making this determination, existing
law requires the department to give full consideration to any
recommendations that may be made by the Department of Fish and Game,
the Department of Parks and Recreation, the Department of Boating and
Waterways, any federal agency, and any local governmental agency
with jurisdiction over the area involved.  
   This bill would make technical, nonsubstantive changes in this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 71.3 is added to the  
Harbors and Navigation Code   , to read:  
   71.3.  Notwithstanding any other provision of this chapter,
Section 82, or any contract or agreement to the contrary, all phases
of the loan contracts between the department and the County of
Orange, OC Dana Point Harbor, as authorized by ____, and administered
by the department, shall be extended to June 30, 2016. 

  SECTION 1.    Section 11910 of the Water Code is
amended to read:
   11910.  There shall be incorporated in the planning and
construction of each project those features, including, but not
limited to, additional storage capacity, that the department, after
giving full consideration to recommendations that may be made by the
Department of Fish and Game, the Department of Parks and Recreation,
the Department of Boating and Waterways, any federal agency, and any
local governmental agency with jurisdiction over the area involved,
determines necessary or desirable for the preservation of fish and
wildlife, and necessary or desirable to permit, on a year-round
basis, full utilization of the project for the enhancement of fish
and wildlife and for recreational purposes to the extent that those
features are consistent with other uses of the project, if any. It is
the intent of the Legislature that there shall be full and close
coordination of all planning for the preservation and enhancement of
fish and wildlife and for recreation in connection with state water
projects by and between the Department of Water Resources, the
Department of Parks and Recreation, the Department of Boating and
Waterways, the Department of Fish and Game, and all appropriate
federal and local agencies.